Posted on 11/25/2008 8:27:27 PM PST by Jay777
His place of birth is a BIG Constitutional problem!
Not an issue.
The first clause says that you can't create a civil job for a sitting legislator. Nor can you lure a legislator away by a promise of huge pay for an existing job. Secretary of State is neither new, nor are they offering "increased emoluments.
The second clause says nothing more than that Hillary can't remain in the Senate if she takes the SoS job.
Does this mean no currenly members of Congress can be appointed any civil office?
Apparently.
Yes, the same way a citizen who is not born in the U.S. may serve in cabinet, as Speaker, President pro tem, etc. They are passed over to the next qualified person in the line, should it necessitate. This is why Kissinger and Albright were able to serve as SOS.
She won't be appointed due to this but Obama sure looks good huh?
[[U.S. Constitution says: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States ]]
Clearly SHE is barred from accepting hte position- Note very carefully that the constitution states “during the Time for whi HE was elected”- It makes NO mention of a SHE- only a HE- so therefore, Women obviously are barred from office
Not quite.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States ... or the Emoluments whereof shall have been increased during such time;
If I'm reading Sen. Byrd correctly, he objects because the pay for the office of SoS increased WHEN CLINTON WAS SITTING AS SENATOR, voting the increase. When was the last time an increase was approved by the Senate? Did she, in fact, vote on the measure? Byrd is also pointing out that back in '73 the very situation occurred, simply lowering the pay was an obvious end-run around the Constitution.
NO EX-POST FACTO, it doesn't matter that the guy gets less money, the Constitution is very specific as regards here.
No, only those civil offices which were created during their tenure in Congress.
My "second clause" would probably correspond to your third: she couldn't stay in the Senate if she accepted the SoS job.
That's a given -- my point is what I believe Byrd is making, that during her tenure, she voted an increase to the SoS salary and therefore is no longer Constitutionally eligible to that post, or any other for which she has voted a salary increase.
Ya know what on second thought it is the clintons and Obama they will do whatever they want.
Neither she nor any other senator or congressman voted on the increase. It was done by executive order from President Bush, which I guess he can do because it's the executive branch.
Well, I suppose someone would attempt to push the technicality that the increase came about under her tenure, but if this is the case, EO, then I don't believe she should be disqualified, as she herself did not vote on an increase for a job for which she is now being considered.
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